Prafulla Kumar Das v. Darshan Das

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.117 of 2021 Prafulla Kumar Das Appellant Mr.Karunakar Das, Advocate -versusDarshan Das and another .... Respondents

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

17.8.2022 Order No.

7.

1. The matter is taken up through Hybrid mode.

2. Heard Mr.Das, learned counsel for the Appellant.

3. None appears for the Respondents on call.

4. Present appeal by the injured-claimant is against the judgment dated 15th December, 2020 of the Second Motor Accident Claims Tribunal, Cuttack in Misc.Case No.280 of 2013, wherein compensation to the tune of Rs.1,60,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injuries sustained by the injured-claimant in the motor vehicular accident on 15th February, 2013.

5. No one appears on call for the Insurer despite a set of names of the lawyers is indicated in the list.

6. It is contended on behalf of Mr.Das, learned counsel for the Appellant that the Tribunal has granted less compensation under the head of hospitalization cost and pain and suffering.

7. Perusal of the impugned judgment reveals that the Tribunal has granted Rs.80,000/- towards hospitalization cost, Rs.11,000/- towards attendance cost, Rs.36,000/- towards pain and suffering and another Rs.3,000/- towards transportation cost.

8. On perusal of the impugned judgment and analysis of the reasons under such heads as discussed by the Tribunal do not reveal any fault in the same. However, considering the nature of injuries sustained by the claimant-Appellant and the period of treatment undergone by him, the Insurer-Respondent No.2 i.e., M/s.Oriental Insurance Co. Ltd. is directed to pay further consolidated sum of Rs.25,000/-(Twenty five thousand) to the Appellant within a period of two months from today.

9. The appeal is disposed of.

10. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal